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2023 WESTCHESTER ASSOC., LLC v. BEN AVE, LLC

Index No. 25085/18E. Appeal No. 12973. Case No. 2020-03214.

190 A.D.3d 627 (2021)

2021 NY Slip Op 00482

2023 Westchester Associates, LLC, Respondent, v. Ben Ave, LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2021.

Attorney(s) appearing for the Case

Smith, Gambrell & Russell, LLP, New York ( Victor M. Metsch of counsel), for appellant.

Solomon & Siris, P.C., Garden City ( Stuart Siris of counsel), for respondent.

Concur— Acosta, P.J., Webber, Oing, Scarpulla, JJ.

Plaintiff owns block 3932, lot 26, in the Bronx. Plaintiff's property is improved with a building and courtyard. Defendant owns block 3932, lot 50. Lot 50 is directly to the north of lot 26. Following the denial by the New York City Department of Buildings of plaintiff's application for a permit to build an addition over the courtyard "because of a concern that an easement may exist over the Courtyard ... benefiting" defendant's property, plaintiff commenced the instant action...

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